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IMPORTANT: TrainThroughIt provides personal training and exercise coaching only. These services do not constitute physiotherapy, medical advice, diagnosis, treatment, or any regulated health service under Ontario's Regulated Health Professions Act, 1991. Alex Marques is not a physician, physiotherapist, chiropractor, or registered healthcare provider. Nothing communicated by the Coach constitutes medical advice.
Coaching Services include personalised exercise programming, movement and injury assessment consultations (exercise screening only), video form reviews, check-in calls, and general wellness guidance. These services complement, and do not replace, any medical or physiotherapy treatment the Client receives.
All Clients must complete the Physical Activity Readiness Questionnaire (PAR-Q+) before commencing. Written medical clearance from a licensed Ontario physician or physiotherapist is mandatory for Clients who have had surgery in the past 12 months, have a cardiovascular, respiratory, metabolic, or musculoskeletal condition, or have been advised by a healthcare provider to limit physical activity.
The Client warrants that all health information disclosed is complete, accurate, and not misleading. The Client agrees to promptly notify the Coach if their health status changes. Failure to disclose material health information may void any claim against TrainThroughIt.
The Client acknowledges that participation in physical exercise involves Inherent Risks that cannot be entirely eliminated. The Client voluntarily and knowingly assumes all Inherent Risks associated with physical exercise and training, including risks arising from the Coach's ordinary negligence, except for gross negligence or wilful misconduct.
Ontario legal note: Voluntary assumption of risk is a recognised defence in Ontario tort law (Waldick v Malcolm, [1991] 2 SCR 456). This section constitutes evidence of the Client's voluntary and informed assumption of risk.
THIS SECTION CONTAINS A WAIVER OF LEGAL RIGHTS. READ CAREFULLY.
In consideration of the Coaching Services provided, the Client, on behalf of themselves and their heirs, executors, and legal representatives, hereby releases and forever discharges TrainThroughIt and Alex Marques (the "Released Parties") from any and all claims, demands, damages, costs, and expenses arising out of participation in Coaching Services, including claims arising from the ordinary negligence of the Released Parties.
This waiver does not extend to gross negligence or wilful misconduct. Nothing herein limits rights that cannot be waived under the Consumer Protection Act, 2002 (Ontario) or other applicable law.
The Client agrees to indemnify and hold harmless the Released Parties from any claims, costs, and legal fees (on a solicitor-and-client basis) arising from: participation in Coaching Services; breach of this Agreement; failure to disclose material health information; or injury to any third party arising from the Client's acts or omissions during training.
To the maximum extent permitted by law, the total aggregate liability of the Released Parties shall not exceed the total fees paid by the Client in the three (3) months preceding the event giving rise to the claim. The Released Parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Certain limitations may not apply under the Consumer Protection Act, 2002 (Ontario). Nothing in this section excludes statutory rights that cannot be waived by contract.
All fees are in Canadian dollars (CAD) and subject to applicable HST. Payment is via Stripe. Monthly subscriptions are billed automatically on the same calendar date each month. One-time fees are billed at time of booking. Failed payments result in service suspension after 48 hours and potential termination after 7 days. Prices may change on 30 days' written notice. Monthly subscriptions constitute future performance agreements under the Consumer Protection Act, 2002.
Subscriptions: Cancel anytime with 7 days' written notice to fitexpresstips@hotmail.com before the next billing date. Active until end of current paid period. No pro-rata refunds for unused days.
Assessment calls: Rescheduling permitted with 24 hours' notice. No-shows or late cancellations forfeit the session fee. Credited assessment fees are forfeited if the Client does not proceed to coaching.
Medical exceptions: Refund or credit requests for documented medical emergencies will be considered on a case-by-case basis with supporting documentation from a licensed healthcare provider.
Consumer rights: Statutory cancellation rights under the Consumer Protection Act, 2002 apply and are not excluded by this Agreement.
The Client agrees to: complete all intake documentation honestly and in full; obtain required medical clearance; follow the Program within their stated physical capabilities; report any pain or adverse reaction promptly; attend scheduled calls or give 24 hours' notice; and treat all communications with the Coach with courtesy and respect. The Coach may immediately suspend or terminate services without refund if the Client breaches these obligations or engages in abusive, harassing, or threatening conduct.
Personal Information is collected and used in accordance with PIPEDA, SC 2000, c 5. Information collected includes name, contact details, health history, and payment information, used solely to deliver and administer Coaching Services. Health and medical information is strictly confidential and not shared without written consent, except as required by law. Personal Information is retained for a minimum of seven (7) years following end of the coaching relationship, per the Limitations Act, 2002. Third-party processors include Stripe, TrueCoach, Calendly, and Jotform. Client data access, correction, or deletion requests: fitexpresstips@hotmail.com (responded to within 30 days).
All programs, materials, and content created by TrainThroughIt are the exclusive intellectual property of Alex Marques, protected under the Copyright Act, RSC 1985, c C-42. The Client receives a limited, personal, non-transferable licence for their own training use only, terminating upon end of the coaching relationship. Unauthorised reproduction or distribution may result in legal action.
The Client may terminate per Section 9. TrainThroughIt may terminate immediately for non-payment, material breach, false health disclosure, or abusive conduct. Upon termination, all outstanding fees are immediately due, platform access is revoked within 48 hours, and the Client's IP licence terminates immediately.
Disputes shall first be addressed through good-faith negotiation (30-day period), then non-binding mediation in Ontario, and only then litigation in the courts of Ontario. Any claim must be brought within two (2) years per the Limitations Act, 2002. The Client agrees to pursue claims in their individual capacity only — not as part of any class or collective action.
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